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Judicial Notice

DEF: substitute for proof whereby the court will accept certain facts as true and thus dispense of the need for formal presentation of evidence
1. Courts does based on notions of accuracy and certainty
Types of Judicial Notice

Legislative Facts
1. Facts which have relevance to legal reasoning and the law makingprocess
  1. ex. whether or not one spouse can recover tort damages from another
Adjudicative Facts
1. Underlying facts involved in a particular case which aide the fact finder in its adjudication

[FRE 201(b)] A judicialnoticed fact must be one that is not subject to reasonable dispute because either:
1. It is generally known within the territorial jurisdiction of the court, or
2. It is capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned
Types of Judicial Notice
1. Discretionally Judicial Notice[FRE 201(c)]
  1. On its own motion, a state or federal courtmay take judicial notice of the following types of facts:
    1. laws of foreign countries
    2. laws of sister states
    3. municipal ordinances
    4. regulations of public or private agencies
    5. matters of local geography
  2. extremely broad area and lenient
2. Mandatory Judicial Notice[FRE 201(d)]
  1. Court must take judicial notice in:
    1. State and federal law
    2. Indisputable scientific facts (blood test, ballistics, radar but no lie detector test)
3. Judicial notice may also be taken where requested by a party for both generally known facts and those of ready determination, the court must take mandatory judicial notice if requested by a party and supplied necessary information
Partyagainst whom judicial notice is taken has an opportunity to be heard
1. Timing- such a request may be made before or after judicial notice has been taken
  1. At court’s discretion
Judicial notice may be taken at any stage of the proceeding
Procedural Effect of Judicially Noticed Facts
1. Civil Cases
  1. Judicially notice facts are indisputable
  2. Civil jury must accept as conclusive any facts judicially noticed
2. Criminal Cases
  1. Based on 6^thAmendment Right to Jury trial, the jury is to be instructed that it may, but is not required, to accept as conclusive any fact judicially noticed
Steps
1. Determine mandatory/discretionary
2. Determine if it is civil/criminal case as to the effect of an instruction